A mortgage deed is the document that creates a mortgage and grants an ownership interest (lien) to the lender (often a bank) until the loan is paid in full. A mortgage deed usually must include:

• the name of the mortgagor (the borrower);

• words of grant or conveyance in which the mortgagor (borrower) grants or conveys real property to the lender or mortgagee;

• the name of the mortgagee;

• a property description sufficient to identify the mortgaged real property;

• the mortgagor’s signature; and

• an acknowledgment in which a notary public signs and officially stamps the mortgage deed to verify the identity of the person signing the deed and for the mortgagor to declare or acknowledge to the notary that the mortgagor signed the deed willingly and voluntarily and was not coerced into signing it.

And in some states a deed must be delivered to be effective. Delivery of a deed generally includes:

• the grantor’s (mortgagor or borrower) intent to convey title to the property to the grantee (mortgagee or lender)—not just the physical handing over of the deed; and

• the grantee’s (mortgagee or lender) acceptance of the deed as an immediate conveyance of the title to the real property.

Laws vary from state to state and the legal requirements for a valid mortgage deed may be located in a state's court opinions (common law or case law) or in its statutes.

In New Mexico, a mortgage deed is a legal document that secures the interest of a lender in the property of a borrower until the associated loan is paid in full. The essential elements that must be included in a mortgage deed in New Mexico are the name of the borrower (mortgagor), words of grant or conveyance, the name of the lender (mortgagee), a sufficient property description, the signature of the mortgagor, and an acknowledgment by a notary public. The notary's acknowledgment serves to confirm the identity of the signatory and that the signing was done willingly and without coercion. Additionally, for a mortgage deed to be effective in New Mexico, there must be a delivery, which involves the mortgagor's intent to convey the property title and the mortgagee's acceptance of the deed. The specific legal requirements for a valid mortgage deed in New Mexico can be found in the state's statutes, and it is important for these requirements to be met to ensure the enforceability of the mortgage.